3796:2-1-02
Cultivator provisional license application.

(A)
The department
shall provide advance notice to the public indicating the commencement date and
time period for accepting applications. The director shall have the right to
amend the notice prior to the deadline for submitting an application. The
director shall publish such amended notice in the same manner as the original
notice. The director shall also have the right to cancel a notice of open
application prior to the award of a cultivator provisional
license.

(B)
The provisional license application shall be submitted
in accordance with Chapter 3796. of the Revised Code and this chapter. The
application will include instructions for completion and submission. An
applicant for a level I cultivator provisional license shall be prohibited from
applying for a level II cultivator provisional license, and an applicant for a
level II cultivator provisional license shall be prohibited from applying for a
level I cultivator provisional license. An applicant for a level I or level II
cultivator provisional license shall submit, in accordance with the application
instructions, the following:

(1)
A non-refundable application fee as set forth in rule 3796:5-1-01 of the Administrative Code;

(b)
The type of
business organization of the applicant, such as an individual, corporation,
partnership, limited liability company, association or cooperative, joint
venture, or any other business organization;

(c)
Confirmation that
the applicant is registered with the secretary of state as the type of business
submitted pursuant to paragraph (B)(2)(b) of this rule, a certificate of good
standing issued by the secretary of state, and a copy of the applicable
business documents governing the operations and administration of the
business;

(e)
An organizational chart of the company, including name,
address, and date of birth of each principal officer, board member and any
other individual associated with the cultivator, provided that all those
individuals shall be at least twenty-one years of age;

(f)
All persons
subject to the criminal records checks shall submit both an Ohio bureau of
criminal identification and investigation criminal records check and a federal
bureau of criminal investigation criminal records check pursuant to division
(B) of section 3796.12 of the Revised
Code;

(g)
Any instance in which a business that any person
associated with the applicant had managed or served on the board of the
business and was convicted, fined, censured, or had a registration or license
suspended or revoked in any administrative or judicial
proceeding;

(h)
Evidence that the applicant owns the property on which
the proposed cultivator will be located, has executed a lease for the property
that does not contain any use restrictions that would otherwise prevent the
cultivator from operating pursuant to Chapter 3796. of the Revised Code and in
accordance with the rules promulgated pursuant to Chapter 3796. of the Revised
Code, or has secured the ability to purchase or lease the property that does
not contain any use restrictions that would otherwise prevent the cultivator
from operating pursuant to Chapter 3796. of the Revised Code and in accordance
with the rules promulgated pursuant to Chapter 3796. of the Revised
Code;

(i)
A location area map of the area surrounding the
proposed cultivator that establishes the facility is at least five hundred feet
from the boundaries of a parcel of real estate having situated on it a
prohibited facility, as measured under rule 3796:5-5-01 of the Administrative Code;

(j)
For any instance in which an applicant or any person
associated with the applicant is currently or was previously licensed or
authorized in another state or jurisdiction to cultivate, produce, test,
dispense, or otherwise deal in the distribution of marijuana in any form, the
following:

(i)
A copy of each such licensing or authorizing document verifying licensure in
that state or jurisdiction;

(ii)
A statement
granting permission to contact the regulatory agency that granted the license,
accompanied by the contact information, to confirm the information contained in
the application; and

(iii)
If the license, authorization or application was ever
warned, fined, denied, suspended, revoked or otherwise sanctioned, a copy of
documentation so indicating, or a statement that the applicant was so licensed
and was never sanctioned; and

(k)
Documentation
that the applicant is in compliance with applicable building, fire, safety, and
zoning statutes, local ordinances, and rules and regulations adopted by the
locality in which the applicant's proposed property is located, which are in
effect at the time of the application, including but not limited to building
department approval demonstrating compliance with rules adopted by the board of
building standards pursuant to Chapters 3781. and 3791. of the Revised Code and
any applicable zoning considerations.

(3)
An operations
plan that establishes policies and procedures that the applicant will implement
for the secure, safe, sustainable, and proper cultivation of medical marijuana,
which, at a minimum, shall include:

(b)
Experience with
the cultivation of medical marijuana or agricultural or horticultural products,
operation of an agriculturally related business, or operation of a
horticultural business;

(c)
A list of medical marijuana varieties proposed to be
grown with estimated cannabinoid profiles, if known, including varieties with
high cannabidiol content;

(d)
Facility specifications, including the cultivation
environment, layout of the marijuana cultivation area (i.e. grow tables, tiered
or stacked orientation, etc.) evidencing that the applicant will comply with
the requirements of Chapter 3796. of the Revised Code and will operate in
accordance with the rules promulgated pursuant to Chapter 3796. of the Revised
Code;

(e)
The implementation of standards and guidelines for
cultivating, propagating, vegetating, flowering, and harvesting medical
marijuana, including safety protocols and equipment; and

(f)
Facility staffing
and employment matters, including employee training and employee compliance
with Chapter 3796. of the Revised Code and in accordance with the rules
promulgated pursuant to Chapter 3796. of the Revised Code.

(4)
A
quality assurance plan that establishes policies and procedures for a safe,
consistent supply of medical marijuana, which, at a minimum, shall
include:

(a)
Intended use of pesticides, fertilizers, and other
agricultural products or production control factors in the cultivation of
medical marijuana;

(b)
Best practices for the packaging and labeling of
medical marijuana;

(e)
Standards for the
disposal of medical marijuana waste and other wastes; and

(f)
Recall policies
and procedures in the event of contamination, expiration or other circumstances
that render the medical marijuana unsafe or unfit for consumption, including,
at a minimum, identification of the products involved, notification to the
dispensary or others to whom the product was sold or otherwise distributed, and
how the products will be disposed of if returned to or retrieved by the
applicant;

(5)
A security plan that establishes policies and
procedures to prevent theft, loss or diversion from a cultivator and protect
facility personnel, which, at a minimum, shall include:

(a)
Record keeping
policies and procedures that will ensure the facility complies with rule 3796:2-2-08 of the Administrative Code;

(b)
A security plan
in accordance with rule 3796:2-2-05 of the Administrative Code;

(c)
Transportation
policies in accordance with rule 3796:5-3-01 of the Administrative Code;
and

(d)
A plot plan of the cultivation facility drawn to a
reasonable scale that designates the different areas of operation, including
the marijuana cultivation area, with the mandatory access restrictions.

(i)
If the building
is in existence at the time of the application, the applicant shall submit
plans and specifications drawn to scale for the interior of the
building.

(ii)
If the building is not in existence at the time of
application, the applicant shall submit a plot plan and a detailed drawing to
scale of the interior and the architect's drawing of the building to be
constructed.

(a)
The identity and ownership interest of every person,
association, partnership, other entity, or corporation having a financial
interest, direct or indirect, in the cultivator with respect to which licensure
is sought;

(b)
A cost breakdown of the applicant's anticipated costs
in building the facility and implementing the policies and procedures submitted
as part of the application and the source of funding for the associated
costs;

(c)
Documentation acceptable to the department that the
individual or entity filing the application has at least five hundred thousand
dollars in liquid assets for a level I cultivator provisional license and fifty
thousand dollars in liquid assets for a level II cultivator provisional
license, which are unencumbered and can be converted within thirty days after a
request to liquidate such assets;

(i)
Documentation acceptable to the department shall
include, as evidence of compliance, a signed statement from an Ohio licensed
certified public accountant attesting to proof of the required amount of liquid
assets under the control of an owner or the entity applying, if such a
statement is available at the time of application.

(ii)
The
documentation must be dated within thirty calendar days before the date that
the application was submitted.

(d)
Information
verifying that the applicant will be able to conform to the financial
responsibility requirements under rule 3796:2-1-05 of the Administrative Code;
and

(e)
A record of tax payments in the form of tax summary
pages for individuals and businesses at the state and federal level and in all
jurisdictions in which an applicant has operated as a business and for every
person with a financial interest of one per cent or greater in the applicant
for the three years before the filing of the application, unless the department
determines that documentation should be submitted for all individuals and
entities.

(7)
Any other information requested in the application
instructions that the department deems necessary to evaluate and determine the
applicant's suitability to operate as a cultivator.